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Over a year after claiming he was attacked on the cold streets of Chicago, Jussie Smollett today was indicted by a special prosecutor in the case that the former Empire star probably thought was behind him.The move by special prosecutor Dan Webb will find Smollett back in court in the Windy City on February 24 to face the new criminal charges and potential jail time over the widely covered January 29, 2019 incident. With time behind bars again a real possibility, Smollett was indicted on six counts of disorderly conduct over falsely reporting the assault by a Cook County grand jury.
“Further prosecution of Jussie Smollett is in the interest of justice,” proclaimed former U.S. Attorney Webb in a statement on Tuesday as news of the indictment leaked out of the County Clerk’s offices.
Representatives for Smollett did not reply to request for comment from Deadline on the indictment.
However, the brothers who were seen as “persons of interest” during the first days of the probe into the attack were quick to get a statement out via their lawyer.
“The Osundairo brothers are aware of the new charges brought against Jussie Smollett today by the grand jury,” the release this afternoon said. “As stated before, they are fully committed to the public knowing the truth about what occurred on January 29, 2019,” the statement added. “The Osundairo brothers will continue to cooperate with that process ands they thank the Special Prosecutor’s office for their tireless work in seeing that justice was administered.”
Initially treated as a potential hate crime by Chicago Police Department and garnering sympathy from a varied lot of Donald Trump, the Empire cast and creators Lee Daniels and Danny Strong, and many more, the tide turned against Smollett as “persons of interest” the Osundairo brothers claimed that it was in fact the actor himself who the mastermind of the attack.
Last spring, criminal charges were laid against Smollett, who has always maintained his innocence. If Smollett had been convicted on all 16 counts, he could have faced nearly 50 years in state prison. However, the case was suddenly dropped and sealed in late March 2019 upon request from the Cook County State’s Attorney’s Office with a $10,000 payment and some community service credit – which really ticked off then Mayor Rahm Emanuel and the CPD and saw the city itself go after Smollett for the hundreds of thousands of dollars in costs of the initial investigation in a still ongoing lawsuit
With the controversy surrounding the attack and the aftermath, Smollett was booted out from shooting the final episodes of Season 5 of Empire last year. The return of the Fox hip hop drama for its sixth and final season last fall saw Smollett seemingly permanently written out of the show, despite repeated pleas for his re-instatement by Terrence Howard, Taraji P. Henson and other leading cast members.
Perhaps Smollett will be happy and well served in jail for a period of time.